SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply the provisions of the Extension of Security of Tenure Act, 62 of 1997 (ESTA) 
SAQA US ID UNIT STANDARD TITLE
119942  Apply the provisions of the Extension of Security of Tenure Act, 62 of 1997 (ESTA) 
ORIGINATOR
SGB Human Resource Management and Practices 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Human Resources 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
The learner credited with this unit standard will be able to interpret and apply various aspects of the Extension of Security of Tenure Act as well as an advanced understanding of land disputes, in dispute resolution, in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The qualifying learner is able to:
  • Define and explain the Extension of Security of Tenure Act 62 of 1997 (ESTA).
  • Define and explain occupiers' rights, fundamental rights and restrictions in terms of the ESTA.
  • Define and explain the termination of rights of residence and the limitations on evictions in terms of the ESTA.
  • Explain the processes of dispute resolution in South African courts and mediating bodies in terms of ESTA.
  • Describe and explain unfair labour practices disputes and fundamental breaches of rights in terms of the Employment Equity Act relating to ESTA. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF level 4. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Define and explain the Extension of Security of Tenure Act 62 of 1997 (ESTA). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definitions contained in ESTA are outlined in writing. 

    ASSESSMENT CRITERION 2 
    The purpose of ESTA to provide security of tenure to vulnerable employees is contextualised in the social environment in South Africa. 

    ASSESSMENT CRITERION 3 
    The application of ESTA is described. 

    SPECIFIC OUTCOME 2 
    Define and explain occupiers' rights, fundamental rights and restrictions in terms of the ESTA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An outline of the rights of an occupier in terms of ESTA is presented. 

    ASSESSMENT CRITERION 2 
    The restrictions imposed on an occupier in terms of ESTA are explained. 

    ASSESSMENT CRITERION 3 
    The definition of an owner in charge is explained in detail. 

    ASSESSMENT CRITERION 4 
    The fundamental rights of an occupier in terms of ESTA are outlined in written form. 

    SPECIFIC OUTCOME 3 
    Define and explain the termination of rights of residence and the limitations on evictions in terms of the ESTA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The termination of rights of residence in terms of ESTA is explained. 

    ASSESSMENT CRITERION 2 
    The limitations on evictions, in terms of ESTA, are presented. 

    ASSESSMENT CRITERION 3 
    The provisions relating to persons who became occupiers prior to or on 04 February 1997, and the reasons such a person may be evicted is explained. 

    ASSESSMENT CRITERION 4 
    The provisions relating to persons that became occupiers after 04 February 1997, and the reasons such a person may be evicted is explained. 

    SPECIFIC OUTCOME 4 
    Explain the processes of dispute resolution in South African courts and mediating bodies in terms of ESTA. 
    OUTCOME RANGE 
    Commission for Conciliation, Mediation and Arbitration (CCMA). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The rights of parties to institute proceedings, and the jurisdiction of the magistrate's court, in disputes relating to ESTA, are explained in written form. 

    ASSESSMENT CRITERION 2 
    The rights of parties to institute proceedings and the jurisdiction of the land claims court, in disputes relating to ESTA, are explained in written form. 

    ASSESSMENT CRITERION 3 
    The rights of parties to institute proceedings by consent, and the jurisdiction of the high court in disputes relating to ESTA are explained in written form. 

    ASSESSMENT CRITERION 4 
    The application of ESTA in dispute resolution is explained with examples. 

    SPECIFIC OUTCOME 5 
    Describe and explain disputes in unfair labour practices and in the Employment Equity Act relating to ESTA. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Unfair labour practices relating to benefits, where the employee is an occupier of land in terms of ESTA, is presented with examples. 
    ASSESSMENT CRITERION RANGE 
    The Labour Relations Act (LRA).
     

    ASSESSMENT CRITERION 2 
    An explanation is provided of referrals that may be made in terms of the Employment Equity Act pertaining to the breach of fundamental rights as contained in Sections 5 and 6(2)(d). 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • This Unit standard will be internally assessed by the provider and moderated by a moderator registered by a relevant accredited ETQA or an ETQA that has a Memorandum of Understanding with the relevant accredited ETQA.
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies). 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • South African Labour Legislation
  • ESTA 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Problem identification and solution in creative ways when applying one's mind to the provisions of ESTA in terms of cases under review. 

    UNIT STANDARD CCFO COLLECTING 
    Critically collecting, evaluating and analysing information required in order to consider, or argue, a case relating to ESTA. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contribute to the full personal development of each learner and the social and economic development of the society at large, by making it the underlying intention of any programme of learning to make an individual aware of the importance of being culturally and aesthetically sensitive across a range of social contexts when managing cases. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  93994   National Diploma: Labour Relations Practice: Dispute Resolution  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.